CITY COUNCIL CALENDAR
Thursday, February 23, 2017
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OPENING OF SESSION BY:
CITY COUNCIL PRESIDENT JOSEPH P. LOPES
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PRAYER LED BY:
REVEREND CORDELL A. POLK, UNITED HOUSE OF PRAYER
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HEARINGS

1.     HEARING, on NSTAR Electric Company d/b/a Eversource Energy, for location of two (2) 4” Conduits and one (1) 45” x 45” x 36” Handhole in COTTAGE STREET, North of Hawthorn Street.

 

1a.     AN ORDER,

MAYOR'S PAPERS

M1.     COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, authorizing the Statement of Interest (SOI) Form, dated January 11, 2017, to the Massachusetts School Building Authority for the following elementary school: Elizabeth Carter Brooks School, located at 212 Nemasket Street.

 

M1a.     AN ORDER,

M2.      COMMUNICATION, Mayor Mitchell, to City Council, submitting amended LOAN ORDER appropriating $21,608,000 for the purpose of financing the construction of the West End Sewer Separation Project – Phase 4, West End Sewer Separation Project – Phase 5, Deane Street Sewer Separation Project, Coggeshall Street Sewer Separation Project, Union Street Sewer Separation Project and general system improvements, and the planning costs related to the development of the CSO Long-Term Control Plan Update.

 

M2a.    LOAN ORDER,

M3.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $1,008,667.00 from WATER, FREE CASH, to WATER STABILIZATION FUND.

 

M3a.    AN ORDER,

M4.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $1,000,000.00 from WATER FREE CASH, to WATER, OTHER CHARGES.

 

M4a.    AN ORDER,

M5.      COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER for the TRANSFER of $45,000.00 from AIRPORT, SALARIES & WAGES and $25,000.00 from AIRPORT, OTHER CHARGES to AIRPORT, CHARGES & SERVICES.

 

M5a.    AN ORDER,

M6. COMMUNICATION, Mayor Mitchell, to City Council, submitting AN ORDER, regarding the proceeds from the sale of bonds and the disposition of premiums as required by the Municipal Modernization Act.

 

M6a.     AN ORDER,

M7.  COMMUNICATION, Mayor Mitchell, to City Council, requesting a ONE-YEAR WAIVER OF RESIDENCY for WILLIAM SHURTLEFF, CARPENTER, DEPARTMENT OF FACILITIES AND FLEET MANAGEMENT, Mr. Shurtleff currently resides in Dartmouth, MA, with his wife and two school aged children; attached is documentation to support this request.
 M8.      COMMUNICATION, Mayor Mitchell, to City Council, requesting a ONE-YEAR WAIVER OF RESIDENCY for SEAN SILVA, the Zoo’s selected candidate for the position of Marketing Assistant, Mr. Silva resides in Acushnet, MA; and also requesting, that Mr. Silva be hired at a Grade MA, Step 7, a salary of $39,240.00 the Zoological Society will reimburse the City for half of the salary cost.
M9.     COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for PAUL WOLFF, 702 Brock Avenue, New Bedford, MA  02744, Account No. 1012227, in the amount of $192.64.
 M10.    COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for ROBERT BEAULIEU, 187 Shawmut Avenue, New Bedford, MA, 02740, Account No. 1024237, in the amount of $224.48.
 M11.    COMMUNICATION, Mayor Mitchell, to City Council, submitting a SEWER ABATEMENT REQUEST for JILLIAN CARMEL/STEPHANIE ROCHA, 604 County Street, New Bedford, MA 02740, Account No. 1000087, in the amount of $44.80.
M12.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of STEPHEN S. BROWN, New Bedford, MA, 02740 to the ZONING BOARD OF APPEALS, replacing James Mathes, who resigned from the Board on March 31, 2016; this term will expire December 2017.
M13.    COMMUNICATION, Mayor Mitchell, City Council, submitting the APPOINTMENT of WILLIAM T. BARR, New Bedford, MA 02740, to the HISTORICAL COMMISSION; Mr. Barr who previously served as an Alternate and whose term expired February 2017; will be replacing Cory Pacheco who has resigned, this term will expire February 2019.
M14.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the REAPPOINTMENT of DIANE HENRY, New Bedford, MA 02740, to the HISTORICAL COMMISSION; this term will expire February 2020.
M15.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the RE-APPOINTMENT of GLEN GRIMES, New Bedford, MA, 02745, to the TRAFFIC COMMISSION; this term will expire December 2019.

M16.    COMMUNICATION, Mayor Mitchell, to City Council, submitting the APPOINTMENT of MICHAEL PETER ANTUNES, II, New Bedford, MA 02740 as a CONSTABLE.

 

M16a.  APPLICATION,

M17.     COMMUNICATION, Mayor Mitchell, to City Council, submitting the RE-APPOINTMENT of JOSEPH C. LATIMER, Westport, MA, 02790, as a CONSTABLE.

 

M17a.     APPLICATION,

NEW BUSINESS
2.     REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the REAPPOINTMENT and GRANT the WAIVER OF RESIDENCY for DAVIS L. SULLIVAN, Rochester, MA to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2019.
3.     REPORT, Committee on Appointments and Briefings, recommending to the City Council APPROVAL of the REAPPOINTMENT and GRANT the WAIVER OF RESIDENCY for JAMES E. BOYLE, South Dartmouth, MA, to the HARBOR DEVELOPMENT COMMISSION; this term will expire December 2018.
4.     LOAN ORDER, Ordered, appropriating $5,039,280.00 to pay costs of remodeling, reconstructing and making extraordinary repairs to the Elm Street Parking Garage, including structural repairs and stabilization, façade and lobby improvements, lighting and security upgrades, installation of auto pay units, door and window replacement, resurfacing and installation of the fire protection system, and for the payment of all costs incidental and related thereto. (Passed to a Second Reading January 12, 2017.)
5.     SUBSTITUTE ORDINANCE, amending Chapter 19, Section 19-7 PERSONNEL, Establishment of Unit C Classification and Salary Plan. (Passed to a Second Reading – January 31, 2017.)

6.     WRITTEN MOTION, Council President Lopes, requesting that the City of New Bedford study the potential cost savings associated with the establishment of an Opt-Out Medical Insurance Program for City employees. (To be Referred to Mayor Mitchell, CFO Ari Sky, Personal Director Sandy Vezina, and the Committee on Finance.)

7.     WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with a Representative of the Mayor’s Office and the Commissioner of the Department of Public Infrastructure, Zeb Arruda, for the complete financial costs of the second hurricane barrier walkway located on the west side of Cove Road; and further, that the Committee Members be provided with a breakdown of the costs associated with said walkway.

8.     WRITTEN MOTION, Councillor Gomes, requesting, that the Committee on Appointments and Briefings meet with the Commissioner of the Department of Public Infrastructure, Zeb Arruda and a Representative of the Administration to break down to the Committee how much road and street work will be done with the One Million Dollar Capital Improvement Program for street repairs; and further, brief the Committee Members on the City’s policies and procedures for Utility Companies doing work on the streets in New Bedford.

9.     WRITTEN MOTION, Councillor Gomes, requesting, once more, that any new construction and/or reconstruction of traffic lights installed at main intersections throughout the City be equipped with surveillance and traffic control cameras, this is to include any major road work presently getting started or being worked on throughout the City, projects like Phase II of Route 18 and the Coggeshall Street reconstruction; and further, this should be added to the cost of completing the project. (To be Referred to the Committee on Public Safety and Neighborhoods.)
10.     WRITTEN MOTION, Councillor Gomes, requesting, that the Traffic Commission take a look at making the East and West beach areas a “20 Mile Per Hour” speed limit during the summer months in order to guarantee safe pedestrian crossing at the beach areas, on the west side from Woodlawn Street, north and south to Lucas Street,  on the east side, from South Rodney French Boulevard, north and south to Nina Street; and further, that signage be put up in these areas notifying motorists and that this be strictly enforced from May 15 to September 15. (To be Referred to the Traffic Commission.)
11.     WRITTEN MOTION, Council President Lopes, requesting that the Committee on Ordinances review the governing structure of the Board of Park Commissioners, as it relates to the Members of the said board. (To be Referred to the Committee on Ordinances.)
12.     WRITTEN MOTION, Councillor Coelho, requesting, that a representative from the Department of Facilities and Fleet Management appear before the Committee on Appointments and Briefings to update Committee members on the City’s residential and commercial waste collection schedule. (To be Referred to the Committee on Appointments and Briefings.)

13.       WRITTEN MOTION, Councillors Winterson, Abreu, Gomes, Martins, Carney, Council President Lopes and Councillor Oliveira, requesting that Fire Chief Gomes, Representative of the Mayor’s Office, CFO Sky, DFFM Commissioner Blanchard, Safety Committee Chairman Firefighter Jason Barker, and Safety Committee Co-Chairman Firefighter Kevin Cormier appear before the Committee on Appointments and Briefings to discuss the mechanical issue with the Fire Department’s apparatus and the lack of scheduled and preventative maintenance on the Fire Department’s fleet. (To be Referred to the Committee on Appointments and Briefings.)

14.     WRITTEN MOTION, Councillor Coelho, requesting, that Fire Chief Gomes be invited to appear before the Committee on Public Safety and Neighborhoods regarding mechanical issues with the Fire Department’s apparatus, per New Bedford Firefighters Local 841, also to be invited; Jason Barker, Safety Committee Chairman and Kevin Cormier, Safety Committee Co-Chairman, New Bedford Firefighters IAFF Local 841. (To be Referred to the Committee on Public Safety and Neighborhoods.)
15.     WRITTEN MOTION, Councillors Winterson and Abreu, requesting, that due to the expansion of the New Bedford Waterfront, the new refrigeration at the State Pier, the addition of international freighters coming into New Bedford Harbor, the increase of recreational boaters utilizing the area, New Bedford is in dire need of a Harbormaster; and further, requesting that Interim Harbormaster, New Bedford resident Brian Joseph be appointed as the new Harbormaster. (To be Referred to the Committee on Appointments and Briefings.)
16.     WRITTEN MOTION, Councillor Morad, requesting, on behalf of the property owners, that 671 Summer Street, Plot 91/Lot 152 be REZONED, from RESIDENTIAL “B” to MIXED-USE BUSINESS, and that 674 Summer Street, Plot 91/Lot 249 be REZONED, from RESIDENTIAL “C” to MIXED-USE BUSINESS. (To be Referred to the Committee on Ordinances and the Planning Board.)
17.    COMMUNICATION/DEMOLITION,  New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 447-449 BELLEVILLE AVENUE, (MAP 104, LOT 164), a Circa 1896 three story wood framed structure – advising that “the structure is not located in a National Register Historic District; the structure is of no notable historic significance either recorded or found with the existing condition of the structure, “in light of these findings, the Preservation Planner has determined that the structure at 447-449 Belleville Avenue is neither a Historically Significant nor a Preferably Preserved structure.”
18.    COMMUNICATION/DEMOLITION, New Bedford Historical Commission, to City Council, re: BUILDING DEMOLITION REVIEW OF 19 HATHAWAY ROAD, (MAP 101, PARCEL 8), a Circa 1918 three story brick mill building – advising that “the structure is not located in a National Register Historic District; a portion of the 1918 mill building (constructed for the Continental Screw Company) remains, however it has been significantly altered with the construction of later period building additions, and no longer retains historical or architectural integrity, “in light of these findings, the Preservation Planner has determined that the structure at 19 Hathaway Road is neither a Historically Significant nor a Preferably Preserved structure.” The Council may wish to note that the owner additionally intends to demolish a number of building additions and individual structures on the site which are not seventy-five (75) years old, and not subject to the Demolition Delay Ordinance and are therefore not included in this determination.
19.     COMMUNICATION, City Solicitor Mikaela A. McDermott, to City Council, providing an overview of how the funds in the Judgments, Claims and Settlements line item in the General Government Unclassified account have been spent thus far in FY17; and an overview of the claims and litigation currently pending against the City and finally an estimate of how much additional funding will be needed for Judgment/Claims/Settlements line item for the remainder of FY17. (Copy all Councillors 01/27/2017.
20.     COMMUNICATION, Council President Lopes, submitting a copy of a letter received from Dr. Barry Rabinovitch, New Bedford Public Schools, requesting support for a Statement of Interest (SOI) on behalf of New Bedford Public Schools for an Accelerated Repair Project (ARP) for the Elizabeth Brooks Elementary School, 212 Nemasket Street. (Copy all Councillors 01/30/2017.) 

21.     COMMUNICATION, City Clerk Farias, submitting a letter and plan from Walter H. Lynch, Deputy Director, Right of Way Bureau for the Massachusetts Department of Transportation, notifying the City that the Massachusetts Department of Transportation-Highway Division has altered of the location of a section(s) of State Highway, Route 140 at Mount Pleasant Street in New Bedford. (To be Referred to DPI Commissioner Euzebio Arruda.)